Justice Family Lawyers - Lawyers In Sydney

Divorce In Australia

Divorce in AustraliaDivorce is the process to end a marriage formally under Australian Law. All states and territories of Australia have the same process.
To file an Application for divorce you must fulfil the below requirements:

  • prove that you've been separated for a period more than 12 months.
  • have been married for more than 2 years OR 
  • you have been married for less than 2 years but have been to divorce counselling.
Divorce and Separation
There is no way to officially register a separation. However, you should take note of the date of separation for your divorce application and if you want a formal legal settlement of your finances.

You will need to swear an affidavit stating that your marriage has broken down and there is no reasonable likelihood that you will get back together with your spouse.

Please note - a divorce does not determine how property is distributed between you and your ex, or how child custody will be arranged for your children. It is only the legal process that proves that you are no longer married and allows you to remarry.

Separated de facto couples have a 2-year window from the date of separation in which to initiate legal proceedings to resolve property and financial issues following relationship breakdown.
Divorce Application
You may make your own divorce application, or you can may need a lawyer to do it for you.

You will need to fill out and file an Affidavit of Service with the court.

The affidavit is a sworn statement that is used as evidence to the court that the application has been served and received by the other party.

Your ex-spouse may then file a Response to Divorce if they disagree with the information provided on the application or if they oppose the divorce on the basis that the parties have not been separated for 12 months, or if they think that the court doesn't have jurisdiction to hear the divorce. You should speak to lawyer if you are considering going down this path.

If your ex-spouse does not oppose the divorce, then they won't have to attend the hearing.

If you do not have children (under 18) and have filed the Affidavit of Service proving that the application has been served on the other side, you will not have to attend the divorce hearing.

If you are confused about whether or not you need to attend your divorce hearing, please contact Justice Family Lawyers, who are specialist divorce lawyers in Sydney.
Serving your application
If you are having difficulty finding your spouse to serve them with the divorce application, you can apply to the court through your divorce lawyer for an order for substituted service or an order for the dispensation (waiver) of service.

Substituted service allows you to serve the divorce application electronically by email or through Facebook. 

It may also allow you to serve the application on your ex-spouses work address or a relative’s address.

If you were married overseas and now live in Australia, you can still apply for divorce in Australia. You need to include your marriage certificate and if it is not in English you will need to contain a certified English translation of the marriage certificate.

Divorce Lawyers Sydney

Separation can have a major impact on your circumstances.

Having experienced family lawyers can help you to understand your legal rights and plan for your future.

At Justice Family Lawyers, our divorce lawyers are committed to providing personalised representation that achieves the best outcome for you.

Our team of friendly divorce experts assist you to understand your situation and help you to reach a fair outcome so you can get on with your new life.

We focus on settling disputes in an efficient and affordable way but if your matter must proceed to court then you will have strong representation from beginning to end.

Justice Family Lawyers - Lawyers In Sydney
  • Business Name
  • Justice Family Lawyers
  • Business Category
  • Lawyers
  • Official Website
  • justicefamilylawyers.com.au
  • Business Number
  • 47208453147
  • Social Links
  • Facebook
  • Phone Number
  • 02 8089 3148
  • Business Location
  • 133 Castlereagh St
    Sydney 2000
    New South Wales
    Australia